WPCRL/926/2022
2022 Latest Caselaw 1522 UK

Citation : 2022 Latest Caselaw 1522 UK
Judgement Date : 18 May, 2022

Uttarakhand High Court

WPCRL/926/2022 on 18 May, 2022

       IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                      18TH MAY, 2022


      CRIMINAL WRIT PETITION NO.926 of 2022


Between:

Asad Khan.                                   ...Petitioner.

and

State of Uttarakhand, through Secretary Home,
Government of Uttarakhand, Civil Secretariat, Dehradun
and Others.                            ...Respondents.


Counsel for the Petitioner :      Mr. Manish Lohani, learned
                                  counsel.

Counsel for the State/        :   Mr.    Pratiroop    Pandey,
Respondent nos. 1 & 2.            learned A.G.A. assisted by
                                  Mrs.    Shivani   Gangwar,
                                  learned Brief Holder for the
                                  State.


Hon'ble Alok Kumar Verma, J.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.41 of 2022, registered with Police Station Buggawala, District Haridwar for the offence under Sections 420, 504 and 506 of IPC.

2. Heard Mr. Manish Lohani, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mrs. Shivani Gangwar, the learned Brief Holder for the State.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Buggawala, District Haridwar and the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the petitioner.

4. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.926 of 2022 is disposed of with a direction to the Station House Officer, Police Station Buggawala, District Haridwar and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 18.05.2022 Neha